Information Employers Must Obtain and Provide about Hazardous Substances (17e)
This fact sheet provides an overview to employers and employees in the Commonwealth jurisdiction on the information employers must provide to employees about hazardous substances. It outlines employers’ information duties.
What information must employers obtain?
Employers must obtain information about the health effects of hazardous substances and the precautions needed to protect employees’ health and safety. This information will be needed for:
- instructing and training employees about health hazards, safe use and handling of hazardous substances
- assessing risks to health from work with hazardous substances
- making decisions about appropriate control measures to prevent or minimise exposure to hazardous substances
Hazardous substances obtained from a supplier
For a hazardous substance obtained from a supplier, basic health and safety information should be provided on the container label.
A Material Safety Data Sheet (MSDS) must also be provided by the supplier for any hazardous substance that is for use at work. This must be done the first time a hazardous substance is supplied, or if requested at any other time. The employer must ensure that the MSDS is obtained from the supplier when or before the hazardous substance is first supplied to the workplace.
A MSDS should clearly identify the hazardous substance, state its recommended uses, provide health hazard information, and describe the precautions to be followed for the safe use, handling and storage of the hazardous substance. The Australian Safety and Compensation Council (ASCC) (formerly NOHSC) National Code of Practice for the Preparation of Material Safety Data Sheets describes what information should be included in a MSDS.
Employers can also ask the supplier for additional information that will assist in the safe use of a hazardous substance. This might include a NICNAS summary report which is provided by the National Industrial Chemical Notification and Assessment Scheme administered by the Department of Health and Ageing.
Hazardous substances purchased by or from a Commonwealth retailer
Employers who are retailers are not required to distribute a MSDS under the Occupational Health and Safety (Safety Standards) Regulations 1994 (the regulations). Therefore, if a hazardous substance is purchased from a retailer who is an employer in the Commonwealth jurisdiction, and the substance is for use at work, a MSDS should be requested from the supplier of the hazardous substance or the manufacturer.
An employer that is a retailer or retail warehouse operator is not required to obtain a MSDS from the person supplying to them, for consumer packages that are intended for retail sale, which are unopened on their premises, and which hold less than 30 kg or 30 litres. However, they can request a MSDS from the supplier if they want to, for example for planning their own emergency procedures if containers leak or there is a spill from a damaged container.
Hazardous substances produced in the workplace
For substances produced in the workplace for which a MSDS is not available, the employer will need to obtain equivalent information to that on a MSDS about health hazards and precautions. The employer may need to check health and safety references or contact their OHS Adviser or State Comcare OHS Manager. Such substances are subject to all the risk assessment and control provisions of the regulations.
What information must employers provide?
Labels on containers
Employers must ensure that all containers of hazardous substances used or produced in the workplace are appropriately labelled until the containers are cleaned so that they no longer contain any hazardous substance.
Hazardous substances purchased from a supplier must already be labelled, as described in the ASCC National Code of Practice for the Labelling of Workplace Substances.
If a hazardous substance is put into another container (decanted) at the workplace, the employer will need to label that container with the product name and basic health and safety information from the supplier’s label.
If a container is not labelled, and the substance in the container is not known, the container should be labelled "Caution do not use: unknown substance". It should then be stored until it can be appropriately labelled.
If a substance can not be identified, it should be disposed of safely after checking with the state waste management authority or the environment protection agency.
Hazardous substances register
An employer must maintain a hazardous substance register. The minimum information to be included in a register is a list of all hazardous substances used or produced at the workplace and the MSDS for all hazardous substances. The completion of simple and obvious assessments should also be noted in the register.
The register should be updated as new hazardous substances are introduced to the workplace and the use or production of existing hazardous substances is discontinued. (See the ASCC National Code of Practice for Control of Workplace Hazardous Substances.)
Access to MSDS and the hazardous substances register
Employees with potential for exposure to hazardous must have ready access to the hazardous substances register.
Recording keeping
Assessment reports, which indicate a need for monitoring and/or health surveillance together with the results of monitoring and/or health surveillance, must be kept as records in a suitable form for at least 30 years from the date of the last entry made.
All other records, including assessment reports not indicating a need for monitoring and/or health surveillance and records of induction and training, must be maintained for at least five years in a suitable form.
A employer must ensure that all relevant records, relating to hazardous substances are readily accessible to emergency services, Comcare and investigators acting in the course of his or her duties.
Suitable storage systems for records include traditional book entry records, microfiche or computerised databases. (See the ASCC National Code of Practice for Control of Workplace Hazardous Substances.)
Identifying the contents of pipes and other enclosed systems
Enclosed systems, including pipes and process vessels, which contain hazardous substances must be identified. This may be done by colour coding, for example brown for oil, violet for corrosives (as described in the Standard Australia Standard 1345 - Identification of the Contents of Pipes, Conduits and Ducts.)
Instruction and training
Employers must provide training to employees who could be exposed to hazardous substances. This should include advice about health hazards and how to read labels on containers and how to access the MSDS. (See fact sheet Training Employees Should Have about Hazardous Substances.)
Other information
The hazardous substances regulations describe the minimum information that must be provided about hazardous substances. The employer may also provide additional information. For example, some employers use hazardous substances databases or information sheets on substances prepared for the particular workplace. The regulations do not prevent this. However, it is important that the employer at least ensures proper labelling of containers, and access to suppliers’ MSDS and the hazardous substances register.
More information
Other fact sheets in this series
Additional fact sheets in this series on hazardous substances:
- 17a - Hazardous Supstances: Regulations, Codes of Practice & Guidance Material
- 17b - What is a Hazardous Substance?
- 17c - Material Safety Data Sheets for Hazardous Substances
- 17d - Labelling of Hazardous Substances
- 17f - Information Manufacturers and Suppliers Must Provide about Hazardous Substances
- 17g - Risk Management Approach to Hazardous Substances
- 17h - Training Employees Should Have about Hazardous Substances
- 17i - Health Surveillance and Atmospheric Monitoring for Hazardous Substances
Government authorities
Safe Work Australia:
- contact by phone: 02 6121-5317 or
- visit www.safeworkaustralia.gov.au
Contact Comcare
For further information, contact Comcare's Hotline:
- by phone on 1300 366 979
- by email at ohs.help@comcare.gov.au
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